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Kathleen Hicks, the Biden Administration’s nominee for Deputy Defense Secretary, expressed criticism this week for the current “use or lose” culture in defense budgeting. "If the incentive structure is you only get your money if you spend it inefficiently and hold on to it and hide the ball, you'll never get the business reform...

Every small business government contractor is familiar with the Rule of Two —it is the longstanding axiom of federal procurement law that an agency must conduct market research to determine whether there is a “reasonable expectation” that least two responsible small businesses will submit offers at fair market prices in response to a government solicitation...

As covered in GovConLaw article “OFCCP Compliance Evaluations: General Overview”, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) monitors contractor compliance with Equal Employment Opportunity (“EEO”) laws and corresponding affirmative action requirements through compliance evaluations.  A compliance evaluation can be an involved process; however, they are not one-size-fits-all.  Your compliance...

There is little doubt that the Biden Administration will pursue policy changes that will have a noticeable impact on the business and legal communities. While some policy changes will be industry sector-specific (the Keystone XL pipeline is a good example), there are some overarching policy areas that will likely see changes that will have...

The Government Accountability Office (GAO) published its annual report to Congress for the 2020 year on December 23, 2020. Of note, despite having to shift to a full-time virtual environment due to the ongoing COVID-19 pandemic, the GAO did not exceed the 100-day deadline for any bid protest brought before it. The sustain rate...

Most federal government contractors must comply with nondiscrimination and Equal Employment Opportunity (EEO) laws and should be prepared for the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to evaluate whether your business is in compliance.  OFCCP’s compliance evaluations can take many forms, as OFCCP uses an array of investigative procedures...